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Phoenix Bar Raid

In the early hours of Thursday, September 3, the Phoenix Bar was raided. Thirteen patrons and the manager were arrested. The official NOPD news release reported that 13 individuals were arrested and booked on Obscenity Charges. The manager was arrested with "Allowing Explicit Sexual Acts on the Premises of an ABO." The news release also listed the names and addresses of the fourteen and stated that two of the individuals admitted to being HIV+. The release described in detail the sexual acts of the arrested patrons.

Superintendent Richard J. Pennington was quoted in the release as saying, "Anytime this office receives a complaint from citizens, it will be thoroughly investigated and the appropriate action taken. In this matter the NOPD will monitor the operation of this establishment to ensure compliance with local and state laws."

LAGPAC [Louisiana Lesbian & Gay Political Action Caucus] was notified by John Rawls, the attorney for Phoenix owner, Jamie Temple, and several of the men arrested after the six day old stale news release hit the media. Christopher Daigle, Chair of LAGPAC, called the Superintendent's office and was given an appointment to discuss the release on Sept. 10. The delegation of four LAGPAC members consisted of Chris Daigle, attorney Jack Sullivan, PFLAG Mom Sandra Pailet and Ambush columnist Toni Pizanie. Lt. Marlon Defillo attended the meeting with the Chief.

The meeting was cordial and educational. Chris was tenacious in his desire to have NOPD issue a statement dispelling the over zealous wording of the original release. The following is a result of this discussion: NOPD News Release, Sept. 10, 1998: "On Thursday [Sept. 3] of last week, members of the Vice Crimes Section arrested fourteen persons at the Phoenix Lounge, located at 941 Elysian Fields Avenue, for Obscenity. The enforcement action came only after a citizen's complaint was filed. Without equivocation, the arrests are in no way a characterization of the Gay and Lesbian community and should not be interpreted as a reflection of the hard work and positive contributions Gays and Lesbians have made to this Community.

Further, at the time of the release of information, some citizens in the Gay and Lesbian community felt that the descriptive details of the events were inflammatory. Rest assured that was truly not the intent of this Department."

"The New Orleans Police Department and members of the Gay and Lesbian community have a good working relationship, one that continues to grow," said Lieutenant Marlon Defillo, Commander of the Public Affairs Division.

In speaking with Gay community leaders, it is clear that this is an unprecedented improvement in relations between the Gay community and the police. Many thought it did not go far enough yet were pleased to see any improvement.

On Sept. 11, an interview was held with Attorney Rawls and Jamie Temple to dispel rumors and disseminate information concerning the raid. The management has never had complaints from neighbors and police in the sixteen years the Phoenix has been open. The Phoenix has never before been raided for improper activities. The management has always cooperated with the NOPD.

The Phoenix will not respond to rumors concerning other bar owners. Bar owners in and around the French Quarter have a record of cooperating with each other in matters of common concern and matters that help the Gay Community.

Mr. Rawls stated that the police apparently had a problem with a Gay bar decorated in a leather style and the wearing of underwear and jock straps. Consequently, the Men's Room, the upstairs lounge, has been redecorated, lighting has been refreshed and underwear night has been canceled.

Five of the 14 were arrested for crimes against nature which since l995 has been under Preliminary Injunction. That (charge) makes it Contempt of Court for the DA to prosecute adults engaging in private, consensual, noncommercial oral or anal sex.

Three years ago the DA tried to prosecute customers of an establishment in violation of the injunction and barely escaped being held in contempt. This time the DA will probably refuse the charges.

Mr. Rawls explained that typically, when NOPD arrests people having sex in public places such as City Park or public rest rooms, the charge is lewd conduct under the municipal code. Here (the Phoenix) the cops charged obscenity under state statues.

The first is usually handled in municipal court with a fine and no jail time. The second will be heard in Criminal District Court as a felony with a minimum sentence of six months, maximum sentence of two years. The fines are $1,000 min., $2,100 max. on first conviction.

There are reports that a half dozen uniformed officers came into the downstairs bar ordering customers to put down their drinks, stop the music and turn up lights. The move up the stairs was the signal to plain clothes officers in the Men's Room to turn on flash lights, order lights on and order people not to move. Over a dozen officers were involved.

The NOPD press release says 40 customers were upstairs and 14 were arrested. Whatever the real number, Rawls said, the 26 or so eye witnesses were given their clothes and ordered to leave without the police taking statements or getting names and phone numbers. Apparently, NOPD wants the only witnesses to be the cops and people arrested.

Customers who witnessed these arrests are asked to come forward. If you were in the Phoenix on the night/morning of the raid, please call Jamie Temple, 504.945.9264 or one of the attorneys handling this case: John Rawls, 504.522.7117; Jack Sullivan, 504.525.1421; or, Mark Gonzales, 504.525.4361. Your assistance and cooperation will be greatly appreciated.

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